Jurisdiction(s):
United Kingdom

CJEU: destruction of publicly funded rail infrastructure an Article 102 abuse; Bronner refusal-to-supply inapplicable; Lietuvos geležinkeliai appeal dismissed; fine reduced by General Court upheld

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Practice notes

CASE HUB ARCHIVED - this archived case hub reflects the position as at the judgment dated 12 January 2023; it is no longer maintained. See further, timeline and relevant/related cases.

Case facts

Outline: Appeal brought against the General Court’s judgment in Case T- 814/177, which substantively rejected an action seeking annulment of the Commission’s decision of 2 October 2017. That decision found an abuse of Article 102 TFEU and imposed a €27,873,000 fine on AB Lietuvos geležinkeliai for dismantling a 19km-long section of railway line connecting Lithuania and Latvia (AT.39813).

Outcome

On 12 January 2023, the Court of Justice delivered its ruling, dismissing the appeal in its entirety. In particular, the Court of Justice found, among other points, that:

the General Court made no error in its appraisal of the abusive conduct;
the contention that the track removal was not abusive rested on a manifest misreading of the judgment, and the General Court did not err in so finding;
the appellant’s submissions on the anti-competitive effects of the removal were unfounded and inadmissible; and
as regards the fine imposed on the appellant, the General Court exercised its unlimited jurisdiction...

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Web page updated on 28/05/2026

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